England and Wales Court of Appeal, 27 July 2018, Viorel Micula, Ioan Micula, S.C. European Food S.A., S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania, [2018] EWCA Civ 1801

In 2013, an ICSID arbitral tribunal issued an award in an investment treaty-based case opposing Romania (“Respondent”) to the Micula brothers and three companies controlled by them – S.C. European Food S.A., S.C. Starmill S.R.L. and S.C. Multipack S.R.L (“Claimants”). In this award, the arbitral tribunal recognised the violation of the FET standard due to [...]

ICSID, 15 June 2018, Antin Infrastructure Services Luxembourg SARL and Antin Energia Termosolar B.V. v. The Kingdom of Spain, no. ARB/13/31, Award

On 15 June 2018, an arbitral tribunal awards investors, under the Energy Charter Treaty (“ECT”), 112 million euros as compensation for their claim relating to reforms undertaken in the renewable energy sector in Spain. First, the arbitral tribunal rejects Respondents’ intra-European Union (“EU”) objections to its jurisdiction. It considers that Claimants are qualified as “investors [...]

2018-07-02T16:04:08+00:00 June 15th, 2018|ICSID, International awards|0 Comments

Advocate general Wathelet’s opinion on Intra-EU BIT, 19 September 2017

In 2012, an arbitral award condemned Slovakia for the breach of a bilateral investment treaty (BIT) signed with the Netherlands. Slovakia appealed the High Court of Frankfurt and the Supreme Court to contest the compatibility between the Intra-EU BIT Dispute Resolution mechanisms (ISDS) and the European law. The German jurisdictions have submitted a reference to [...]

2018-01-14T18:56:14+00:00 September 19th, 2017|News|0 Comments

EU to begin negotiations for multilateral investment court

On 12 September 2017, a decision of the Council of the European Union has given the green light to the European Commission to start negotiations on the convention instituting a multilateral court for the settlement of investment disputes. The Court is supposed to replace the Investor-State Dispute Settlement mechanism in the proposed Canada-European Union Comprehensive [...]

2018-01-14T18:50:50+00:00 September 12th, 2017|News|0 Comments

UK government releases, August 2017

The UK government suggested establishing a unique dispute resolution mechanism between UK and EU after Brexit. Both should pick existing models and approaches, including arbitration. Moreover, the Justice Minister, Dominic Raab, seems to be in favour of an arbitration panel. Each party (UK and EU) would appoint an arbitrator. Once appointed, the two arbitrators would [...]

2018-01-14T19:11:45+00:00 August 31st, 2017|News|0 Comments